IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of writ of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Jayasinghe Arachchige Ranjith Jayasinghe Bodhirukkarama Road, Pamunugama, Alubomulla, Panadura.

CA/WRIT/42/2021 PETITIONER Vs.

1. The University Grants Commission

20, Ward Place, Colombo 07.

2. Professor Sampath Amaratunge Chairman

3. Professor Janitha A. Liyanage Vice-Chairman

3A.Professor Chandana R. Udawaththa Vice- Chairman

4. Professor Kollupitiye Mahinda Sangharakkitha Thero

4A.Professor Kotapitiye Rahula Thero

5. Professor A.K.W. Jayawardane

6. Professor Vasanthy Arasaratnam 7. Professor Premakumara de Silva

8. Palitha Kumarasinghe All Members of the University Grants Commission, 20, Ward Place, Colombo 07.

9. University of Visual & Performing Arts

21, Albert Crescent, Colombo 07.

10. Professor Rohana P.

Mahaliyanaarachchi Vice-Chancellor and Chairman of the Council University of Visual & Performing Arts, 21, Albert Crescent, Colombo 07.

11. Professor S.P.D. Liyanage Dean – Faculty of Graduates

11A.Professor W.A. Kolitha Banu Dissanayake Dean-Faculty of Graduate Studies

12. Dr. Indika Ferdinando Dean- Faculty of Dance & Drama

13. Chiltus Dayawansa Dean-Faculty of Music

13A.Dr.P.K.S.P. Rathnakumara Dean- Faculty of Music 14. M.Jagath Raveendra Dean- Faculty of Visual Arts

15. Professor Kusuma Karunaratne

16. Professor Rohana Lakshman Piyadasa

17. Gunasena Thenabadu

18. C.Maliyadda

19. T.Dharmaraja

20. Ranjith Liyanage

21. Lakshman Abeysekara

22. J.A.S.P Aravinda

22A.Professor Nimal Keerthi Dangalla

23. B.M. Dayawansha

24.M. Iranga Samindani Weerakkody

24A.Dr. Tharanga Dandeniya All Members of the Council of the University of Visual & Performing Arts

21, Albert Crescent, Colombo 07.

25.University Services Appeals Board

94,10, Ananda Rajakaruna Mawatha, Colombo 10.

26. Palitha Fernando Chairman University Services Appeals Board

94,10 Ananda Rajakaruna Mawatha, Colombo 10.

26A.Maithree Wickramasinghe Chairman University Services Appeals Board, 94,10, Ananda Rajakaruna Mawatha, Colombo 10.

27. Neville Abeyrane Vice-Chairman University Services Appeals Board, No. 94,10, Ananda Rajakaruna Mawatha, Colombo 10.

27A.Professor W.G.D. Darmarathna Vice- Chairman University Services Appeals Board, 94,10, Ananda Rajakaruna Mawatha, Colombo 10.

28. Dr. (Mrs) Neela Goonesekara Member, University Services Appeals Board, 94,10, Ananda Rajakaruna Mawatha, Colombo 10.

28A. Sugath Kaldera Member University Services Appeals Board, 94,10, Ananda Rajakaruna Mawatha, Colombo 10.

RESPONDENTS Before : Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel : Chamantha Weerakoon Unamboowe with Tersha Nanayakkara for the Petitioner.

Vikum de Abrew, PC ASG with Amasara Gajadheera, SC for the Respondents.

Argued on: 11.05.2023 Written submissions: Petitioners - 09.08.2023 Respondents - 01.09.2023 Decided on: 05.09.2023 Sobhitha Rajakaruna J.

The Petitioner filed the instant Application alleging that his appointment to the post of Lecturer (Probationary) at the University of Visual & Performing Arts (‘University’) was, wrongfully and devoid of any justification, delayed by six years from the date of his initial selection to the said post in 2013. He contends that he has a legitimate expectation to have the date of his appointment to the said post be antedated to the date of his initial selection.

In focus of the factual matrix of this case, the Petitioner possesses a Degree in Fine Arts and a Master of Arts in Dance. Subsequent to being promoted to the position of an Instructor (Grade II) with effect from 25.10.2011 he was placed on a U-AS 1 (Grade II) salary scale at the said University. While serving as an Instructor the Petitioner applied for the post of Lecturer (Probationary), advertised by the said University in the Lankadeepa Newspaper dated 15.08.2013 marked “P23”. The advertisement called for applications under the respective 1^st